Management Information Sheet
Changes made to Keeping Children Safe in Education 2020
On 18 January 2021 the DfE revised this statutory guidance for schools and colleges to reflect legal changes following EU exit. This includes guidance on checking the past conduct of individuals who have lived or worked overseas.
The changes made in January 2021 can all be found in Part three: Safer recruitment
| Where | What |
|---|---|
| Paragraphs 149 & 165 (bullet 5) | Paragraph 172 |
| Removed references to checking Teacher Services for EEA sanctions. | Amended to provide advice on how schools and colleges can check the past conduct of individuals who have lived or worked overseas following the UK's withdrawal from the European Union. |
From 1 January 2021, the TRA Teacher Services system will no longer maintain a list of those teachers who have been sanctioned in EEA member states.
Individuals who have lived or worked outside the UK must undergo the same checks as all other staff in schools or colleges (set out in paragraphs 154 and 160). This includes obtaining (via the applicant) an enhanced DBS certificate (including barred list information, for those who will be engaging in regulated activity) even if the individual has never been to the UK.
In addition, schools and colleges must make any further checks they think appropriate so that any relevant events that occurred outside the UK can be considered. These checks could include, where available:
- criminal records checks for overseas applicants - Home Office guidance can be found on GOV.UK; and for teaching positions
- obtaining a letter of professional standing from the professional regulating authority in the country in which the applicant has worked. Advice about which regulatory or professional body applicants should contact is available from the National Recognition Information Centre for the United Kingdom, UK NARIC.
Where available, such evidence can be considered together with information obtained through other pre-appointment checks to help assess their suitability. Where this information is not available schools and colleges should seek alternative methods of checking suitability and or undertake a risk assessment that supports informed decision making on whether to proceed with the appointment.
Although sanctions and restrictions imposed by another regulating authority do not prevent a person from taking up teaching positions in England, schools and colleges should consider the circumstances that led to the restriction or sanction being imposed when considering a candidate's suitability for employment. Further information can be found in DfE Guidance: Recruit teachers from overseas.
What schools and colleges need to do
- Ensure that all staff who undertake pre-employment checks and have responsibility for maintaining and updating the Single Centre Record have read about and understand the changes.
- Ensure that there is a robust risk assessment completed to support decision making and a copy of this held on the individual's personnel file.
For more information, please visit: Keeping Children Safe in Education (2020)